I would prefer that only an attorney answer this question to make sure it is accurate. I do not believe that anyone can foreclose on you except a mortgage company, am I right?
2007-07-17 10:08:13 · 6 answers · asked by youareneurotic 1 in Politics & Government ➔ Law & Ethics
Anyone (corporate or individual) who holds the note & mortgage can foreclose. Sellers often hold a mortgage for portion of a sale price, and they can foreclose it. A junior mortgagee can foreclose on the owner or anyone junior to it.
Anyone who holds any kind of lien can foreclose it. A carpenter can foreclose a mechanics lien; a Condominium or homeowners' association can foreclose a maintenance lien or assessment lien. A judgment holder can foreclose a judgment lien. The government can foreclose a tax lien. I Fla. the county or city fire department has a lien for their services in extinguishing a fire and can foreclose that.
A lienholder can assign a lien to a 3d party who then has the power foreclose it.
In general, anybody with a lien can foreclose it by forcing a court ordered sale , UNLESS there is some legal impediment or bar to a sale, such as an express agreement not to foreclose or a bankruptcy stay order.
2007-07-17 11:42:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Florida is much more restrictive than other states. Just because you hold a lien does not mean you can foreclose. Simply having a judgment against a home owner does NOT allow one to foreclose a "homestead" property.
Your lender, anyone who did work on your home and your homeowners association (under some circumstances) can foreclose. That's a general answer, but you gave a general question. It really depends on your circumstances.
By the way, under Florida law, anyone who answers this question and who is not a licensed Florida attorney could be considered to have committed a third degree felony. s.454.23, Fla.Stat. (2007) . Our laws are very weird and very strict. I never said it made sense; I just said it was weird. I won't report anyone.
2007-07-17 16:07:21 · answer #2 · answered by mcmufin 6 · 0⤊ 1⤋
Anyone who holds a primary lien on your property can foreclose on it or hire someone to foreclose on it for them. Anyone who holds a secondary lien ("junior lien") cannot foreclose on it unless the primary lien holder or a judge gives them permission.
In general, I don't see why anyone other than a bank or mortgage company would hold a primary lien on a house.
2007-07-17 10:50:43 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Anyone who holds a lien on it. That is most likely the mortgage company. The government can also put a lien on your home for not paying property taxes.
2007-07-17 10:12:24 · answer #4 · answered by Michael C 7 · 1⤊ 0⤋
first any liens which are junior to the first note which is senior can not force a selling, foreclosure the only exception is the government because they always get their monies they can for taxes force a sell as well
2007-07-17 10:27:40 · answer #5 · answered by goz1111 7 · 1⤊ 0⤋
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2016-10-08 22:50:46 · answer #6 · answered by vukcevic 4 · 0⤊ 0⤋